David Scott Heier Esq

Former Judge Advocate in the U.S. Marine Corps for three years gaining extensive trial advocacy experience. Worked as the Assistant City Attorney for a suburban city in Franklin County practicing in Ohio municipal law. Entered private practice serving the needs of clients in a wide number of legal areas. My practice is now limited to Family Law matters and Divorce in New York state. Also licensed in Ohio.

Practice Areas

Divorce

Family Law

Fees

Credit Cards AcceptedAlso accept PayPal.

Rates, Retainers and Additional InformationSee website for a complete listing of fees at www.familylawyer-ny.com

Drafted new laws for consideration and passage by the city council to ammend or modify the city's municipal code. Researched and drafted legal memorandum for the city manager and other administrative department directors and city council. Drafted and reviewed city contracts and legal documents. Provided legal advice to the city council and administration. Represented the city in labor negotiations with the police and fire fighters unions. Created the city's first mediation program for neighborhood disputes.

Staff Judge Advocate

United States Marine Corps

1980 - 1983

Defense Counsel representing marines and sailors in General and Special Courts-Martial. Also represented clients in Navy-Marine Corps Administrative Discharge Board hearings. Served as legal counsel for service members, dependents and retired personnel in divorce and family law matters in California state courts.

Education

University of Dayton

M.A. (1979) | Philosophy

1975 - 1979

Studied 4 years in a joint-degree program to earn a Master of Arts degree in Philosophy and a J.D. law degree.

Honors: First candidate to complete the advanced joint degree program in Law (J.D.) and Philosophy (M.A.).

A: A Will is used to distribute property and also to appoint an executor to carry out the terms of the Will. The executor is the one who is in control of distribution of property and the payment of debts. If this is a Will that is being probated, then a complaint to remove the executor can be filed if the executor is mishandling the property. The court schedules a hearing and will determine the outcome.

A: If parents have shared parenting, then the parties must follow the shared parenting plan that was filed with the court. Once a man admits paternity and then is granted shared parenting, a paternity test is little bit late and will not be granted by the court.

A: A juvenile court magistrate can remove a child from the home of a parent if there are allegations of child abuse, child neglect or dependency. When a complaint is filed with the court by child protective services, it is based upon allegations and facts that, if believed, would endanger the health or welfare of a child. At the first hearing, the court must make a decision of whether to remove the child immediately, while the court proceeding continues for the next 90 days, or to leave the child in place. It is not a trial at that point so it is not based upon an evidentiary hearing. The decision can be appealed to a Judge of the court as objections to the magistrate's decision. The immediate removal of a child is a grave decision, but sometimes it is necessary. Each case is different.

A: Upon birth of a child born to a mother who is unmarried, the mother has sole and exclusive custody. If a mother abandons the children for a significant period of time by leaving them with the father who is acknowledged on the birth certificate, the mother could be in a situation where court action is necessary for the return of the children. Generally, a child cannot be enrolled in a school by a unmarried father unless he has legal custody. Such a situation requires a private consultation with an attorney.

A: If an x-spouse cannot be reasoned with, then being in a relationship with the other spouse will be challenging. There is no magic legal document that will fix this. An x-spouse has a legal right to be mean, despiteful, vengeful, demanding, and controlling. BUT, an x-spouse cannot legally dictate how the other lives their life. An ex does not have legal veto power over what girlfriend or boyfriend the other can see.

A: When a Decree of Divorce is signed by the Judge and filed with the clerk, the case is ended. If the divorce ended by agreement of the parties, the divorce decree will indicate that a divorce is granted to both parties. Usually, the grounds are incompatibility. The divorce decree can include specific terms of the divorce, or it can incorporate a separate document such as a legal separation agreement. The separation agreement must be filed with the decree and the terms in the agreement become the terms of the divorce.
If the parties signed a separation agreement that has never been filed with the court and the a divorce decree has been signed and filed with the court, the case is over and the documents filed with the court are the only ones that have any legal authority.

A: The clerk of courts in your county receives all the filings for divorce. If the clerk or the Domestic Court has a website, you might be able to download the forms that you need. If not, the Ohio Supreme Court website has standard forms that are accepted by all counties. www.supremecourt.ohio.gov